Bill Text: HI HB2119 | 2016 | Regular Session | Introduced
Bill Title: Crime Victim Restitution; Lost Wages; Mental Health Treatment; Therapy
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to JUD, FIN, referral sheet 2 [HB2119 Detail]
Download: Hawaii-2016-HB2119-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2119 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to restitution for victims of crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Due to the recent holding in State v. DeMello, 310 P.3d 1033 (Haw. Ct. App. 2013), which denied restitution for a crime victim's wage loss on the basis that "[t]here is no explicit provision in HRS § 706–646 for the award of lost wages as part of restitution", the legislature finds that crime victims who miss work due to injuries or impairment suffered as a result of a defendant's offense are currently being denied restitution for those lost earnings. Similarly, based on the DeMello analysis and holding, it appears that courts would similarly deny "therapy" expenses.
The legislature further finds that the additional language in this Act will clarify that the intent of section 706-646, Hawaii Revised Statutes, is to reimburse crime victims fully for all reasonable and verified losses resulting from a defendant's offense. Nevertheless, as signaled by the use of the phrase, "including but not limited to", the losses enumerated in subsection (3) of section 706-646, Hawaii Revised Statutes, are intended to be illustrative, not exhaustive, for purposes of restitution.
SECTION 2. Section 706-646, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) In ordering restitution, the court
shall not consider the defendant's financial ability to make restitution in
determining the amount of restitution to order. The court, however, shall
consider the defendant's financial ability to make restitution for the purpose
of establishing the time and manner of payment. The court shall specify the
time and manner in which restitution is to be paid[.]; provided that
while the defendant is in the custody of the director of public safety,
restitution payments shall be as set forth in section 353-22.6.
Restitution shall be a dollar amount that is sufficient to reimburse any victim
fully for losses, including but not limited to:
(a) Full value of stolen or damaged property, as determined by replacement costs of like property, or the actual or estimated cost of repair, if repair is possible;
(b) Medical expenses[; and], which include
mental health treatment, counseling, and therapy;
(c) Funeral and burial expenses [incurred as a
result of the crime.]; and
(d) Lost earnings, which include paid leave."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Crime Victim Restitution; Lost Wages; Mental Health Treatment; Therapy
Description:
Clarifies that reimbursement to crime victims includes lost wages, mental health treatment, counseling, and therapy.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
